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Car hit in car park!!!!?
Hello I was wondering if anyone could provide some advice and or help. Yesterday after returning to the car park after work I was shocked to see that someone had hit my car and driven off. I called one of the workers in the car park and asked him who was parked next to my car, he said he didn't know and that cars come and go all day he suggested speaking to the owner of the car park who was not there at the time. I text the owner and explained the situation to which his reply was 'I am very sorry to hear that someone has hit your car'. Anyway this morning I go to the car park to show him the damage and try and come to some sort of resolution - long story short all he could offer me was an apology!!! - does anyone know where I stand from a liability Point of view??
- PS I currently have a claim going through at the moment (just waiting for a court date) from where an ambulance driver drove into me last May so I do not want to claim off of my insurance especially with a claim currently pending. -
Any help or advice would be much appreciated.
10 Answers
- 10 years agoFavorite Answer
most car parks in the uk state that you park at your own risk? and they except no responsibility .
Is there such signs about, that may answer your question.
Has he got CCTV ? ask him
- ?Lv 610 years ago
Firstly, unless the car park owner was driving the car that hit yours, he is in no way to blame. All he did was provide a space for you and the other driver to park. You cannot put any of the blame on him.
You have done the right thing in asking him if he saw anything, and I assume he does not have CCTV or he would have mentioned it. As you do not have the details of the car that hit yours, there isn't a great deal you can do. You could try contacting the police to see if anyone has reported an accident, but other than that, your only option, if you have comprehensive insurance, is to claim off your own insurance or foot the bill yourself.
I realise that it isn't your fault, and you will lose some or all of your no claim discount if you claim, but sadly that is the case for most people when they make claims where the insurer cannot recover their financial outlay from another party.
- 10 years ago
Unless you can substantiate that the car park's owner or one of his employees hit your car he is not liable. The standard disclaimer of liability covers most instances of damage to your car, other than due to the direct negligence of the car park's owner or employees.
Check with the owner has video surveillance of the car park and if so if it identifies the vehicle that struck yours. Even if he does have video of the event, it's likely that it is of too poor a quality or to distant from the scene to positively identify the guilty party.
Unfortunately the only person liable is the person who hit your car. If you can't identify that person positively, the damages are on you. Whether you choose to pay out of pocket or file a claim with your insurance is up to you. If the repairs are less than your excess, it's a moot point anyway. And if they are only slightly higher than your excess it may be worth paying out of pocket to avoid having another claim on your record. Personally I don't claim anything that is less than 3 times my excess, so with £250 excess I'd pay it myself if the repairs were less than about £750.
- champerLv 710 years ago
The car park owner/operators are not liable, unless of course they were driving the vehicle which hit yours. There is no resolution to come to, it's not their problem, to be blunt.
Your options are to pay for repairs yourself, claim off your insurance or try to track down the offending driver and claim off him.
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- Fred CLv 710 years ago
There could have been several cars parked beside you during the day, or only one, and with no witness to the collision, and no video-tape, there is no way to prove who hit you. I don't know of parkades anywhere that are responsible for vehicles people drive into the parking spots. To hold the parkade owner/management responsible, it would have to have been a valet parking service.
Sorry, it isn't what you wanted to hear.
- WENDEL HOMESLv 710 years ago
Unless there is CCTV and some other sort of witness to the damage then you have little choice but to take the knock, most car parks have a disclaimer that is written and displayed for all to see whether you wish to challenge it's legality in the courts is entirely up to you.
- Timbo is hereLv 710 years ago
You can only claim on your insurance and it would be up to them to proove liability of the car park owner who most likely has sign disclaiming that or claim through the MIB uninsured and unknown drivers scheme.
- 10 years ago
Where was exactly your car parked? Some big establishments with pay parking area like malls, hotels, has a general liability insurance called car park liability of which you can claim for the damage in your car. But if you just parked on a small parking area (side-street, vacant lot) they might not have that kind of insurance. You have no choice but to claim to your car's insurance.
- Anonymous10 years ago
The car park is in no way shape or form responsible. If you want your car fixed, you have no choice but to use your own insurance or pay out of pocket.
When you have insurance, USE IT !